NSW Caselaw
Reported Decision : 77 NSWLR 607
New South Wales Supreme Court
CITATION : Owners Corporation SP 72357 v Dasco Constructions Pty Limited & Ors [2010] NSWSC 819
HEARING DATE(S) : 23/07/10
JUDGMENT DATE : 27 July 2010
JURISDICTION : Equity Division Technology and Construction
JUDGMENT OF : Einstein J
DECISION : Defence of proportionate liability as provided by Part 4 of Civil Liability Act 2002 is available to those defending claims brought under Part 2C of the Home Building Act 1989.
CATCHWORDS : Proportionate liability provisions of Civil Liability Act - Whether proportionate liability provisions of Civil Liability Act apply to claims for breach of statutory warranties implied by Home Building Act
Civil Liability Act 2002 LEGISLATION CITED : Fair Trading Act 1987 Home Building Act 1989 Home Building Amendment (Warranties and Insurance) Act 2010
CATEGORY : Procedural and other rulings
Ace Woollahra Pty Ltd (formerly known as Reed Construction Services Pty Ltd) v Owners - Strata Plan 61424 [2010] NSWCA 101 Buck v Comcare (1996) 137 ALR 335 CASES CITED : Jones v Mortgages Acceptance Nominees Ltd (1996) 142 ALR 561 Reinhold v New South Wales Lotteries Corporation (No 2) [2008] NSWSC 187 The Owners Strata Plan No 63312 v Brookfield Multiplex Limited [2010] NSWSC 360
Owners Corporation SP 72357 (Plaintiff) Dasco Construction Pty Limited (First Defendant) PARTIES : Lyall Ernest Dix (Second Defendant) Dix Gardner Pty Limited (Third Defendant) Peter Prasad Maharaj (Fourth Defendant)
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